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Regulation 9 Further provisions for the purposes of regulations 5 to 8

F1(1)

For the purposes of regulations 5 to 8—

(a)

convictions which are spent for the purposes of the Rehabilitation of Offenders (Northern Ireland) Order 1978 M1 shall be disregarded; and

F2(b)

the Department may also disregard an offence—

(i)

if such time as the Department thinks appropriate has elapsed since the date of the conviction; or

(ii)

if the Department, having considered the number of offences committed by a person, determines that due to specific circumstances a negative determination of good repute for the person would constitute a disproportionate response.

F3(2)

In determining the good repute of a transport manager under regulation 13A(1)(b) regulations 5 to 9 shall apply as they apply to an individual with the omission of the words “or any other relevant person”.

Annotations

Textual amendments

F1

Reg. 9 renumbered as reg. 9(1)(17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 114(1)

F2

Reg. 9(1)(b) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 114(2)

F3

Reg. 9(2) inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 114(3)

Marginal citations

M1

S.I. 1978/1908 (N.I. 27)

Notes on Part 2

Textual amendments

F1

Pt. 2 and cross-heading inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 112